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Karnataka High Court
Mr Syed Humayun vs The Commissioner on 23 December, 2025
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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WA No. 2090 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF DECEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT APPEAL NO. 2090 OF 2025 (LB-BMP)
BETWEEN:
1. MR. SYED HUMAYUN
S/O. LATE SYED MOHIDIN,
AGED ABOUT 71 YEARS,
R/O. NO.43, 8TH MAIN,
BANNERGHATTA MAIN ROAD,
NEW GURAPPANAPALYA,
BENGALURU-560 029.
2. MR. SYED LAYEEQ IMRAN,
S/O. MR. SYED HUMAYUN,
AGED ABOUT 37 YEARS,
Digitally signed
by VIJAYA P R/O. NO.43, 8TH MAIN,
Location: BANNERGHATTA MAIN ROAD,
HIGH COURT
OF NEW GURAPPANAPALYA,
KARNATAKA
BENGALURU-560 029.
3. MR. C. NAZEER AHMED,
S/O. MR. CHAKARAJUVEMULA ABDUL SATTAR,
AGED ABOUT 37 YEARS,
R/O. NO. 29-332-27, TEKKE,
NEAR POLICE LINE MASJID,
NANDYAL, KURNOOL,
ANDHRA PRADESH-518 501.
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4. MRS. SHAIK RESHMA
W/O. MR. C. NAZEER AHAMED,
AGED ABOUT 37 YEARS,
R/O. NO. 29-332-27, TEKKE,
NEAR POLICE LINE MASJID,
NANDYAL, KURNOOL,
ANDHRA PRADESH-518 501.
5. MR. MOHAMMED SADIQ,
S/O. MOHAMMED ALI,
AGED ABOUT 60 YEARS,
R/O. NO.22, MARSS MANOR FLAT NO.302,
3RD FLOOR, 9TH 'A' MAIN,
BTM LAYOUT, 1ST STAGE,
BENGALURU-560 029.
6. MRS. ZOHARA SADIQ,
W/O. MOHAMMED SADIQ,
AGED ABOUT 47 YEARS,
R/O. NO.22, MARSS MANOR FLAT NO.302,
3RD FLOOR, 9TH 'A' MAIN,
BTM LAYOUT, 1ST STAGE,
BENGALURU-560 029.
7. MR. MOHAMMED MUHAZ,
S/O. MOHAMMED SADIQ,
AGED ABOUT 22 YEARS,
R/O. NO.22, MARSS MANOR FLAT NO.302,
3RD FLOOR, 9TH 'A' MAIN,
BTM LAYOUT, 1ST STAGE,
BENGALURU-560 029.
8. MRS. NAZIA KOUSER,
W/O. SHAIK ALTAF PASHA,
AGED ABOUT 51 YEARS,
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R/O. FLAT NO.404, 4TH AND 5TH FLOOR,
ROYAL MANOR, NO.7, 8TH 'B' MAIN ROAD,
MARUTHI CO-OP. SOCIETY LAYOUT CENTRE,
NEW GURAPPANAPALYA,
BANNERGHATTA ROAD,
BENGALURU-560 029.
...APPELLANTS
(BY SRI. R. SUBRAMANYA, ADVOCATE FOR
SRI. NARASIMHARAJU, ADVOCATE)
AND:
1. THE COMMISSIONER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
HUDSON CIRCLE,
BENGALURU-560 002.
2. THE JOINT COMMISSIONER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
BENGALURU SOUTH RANGE,
BOMMANAHALLI,
BENGALURU-560 068.
3. THE EXECUTIVE ENGINEER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
BOMMANAHALLI, HOSUR ROND,
BENGALURU-560 068.
4. THE ASSISTANT EXECUTIVE ENGINEER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
BTM LAYOUT WARD,
BENGALURU-560 029.
5. MR. SALMAN PASHA,
S/O. MR. BABU,
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AGED ABOUT 34 YEARS,
R/O. NO.51, 8TH MAIN,
HARMONY APARTMENT,
BTM LAYOUT, 1ST STAGE,
BENGALURU-560 029.
6. MR. T. MANJUNATH,
S/O. LATE V. THIMMAIAH,
AGED ABOUT 55 YEARS,
R/O. NO.771, 28TH MAIN ROAD,
BTM LAYOUT 2ND STAGE,
BENGALURU-560 076.
7. MR. SYED FAISAL AHMED,
S/O. MR. SYED ASHRAFF,
AGED ABOUT 43 YEARS,
R/O. NO.1, 8TH 'A' MAIN,
NEAR SHANTHALA MEDICAL,
NEW GURAPPANA PALYA,
BENGALURU-560 029.
8. MR. SYED FUZAIL AHMED,
S/O. MR. SYED ASHRAFF,
AGED ABOUT 38 YEARS,
R/O, NO.1, 8TH 'A' MAIN,
NEAR SHANTHALA MEDICAL,
NEW GURAPPANA PALYA,
BENGALURU-560 029.
...RESPONDENTS
(BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 TO R4)
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THIS WRIT APPEAL IS FILED U/SEC.4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
IMPUGNED ORDER PASSED BY THE LEARNED SINGLE JUDGE IN
WRIT PETITION NO.21761/2025 DATED 12.12.2025 AND ALSO
GRANT SUCH OTHER RELIEFS WHICH ARE DEEMS TO BE FIT
UNDER THE FACTS AND CIRCUMSTANCES IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
and
HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV)
The appellants/applicants have sought for leave to
file the present petition and submit that they were not
parties before the learned Single Judge and the order has
been passed which prejudices their rights and such order
has been passed without bringing true facts on record.
2. Perused the order dated 12.12.2025.
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3. Learned counsel for the appellants/applicants
submits that the Court would not have passed an order to
seal portion of the premises which is in violation of
building plan, if it was brought to the notice of the Court
that the applicants herein were already in possession.
4. Taking note of the fact that the applicants were
not parties in the proceedings, it would be appropriate to
relegate the applicants to move the matter before the
learned Single Judge and move for appropriate orders.
5. As it is noticed that W.P.No.21761/2025 is a
pending matter, it is clarified that relegating of the
applicants to move the learned Single Judge would require
the petitioner to move the appropriate application in the
pending proceedings. Taking note that the application that
may be filed in the Vacation Bench, could be filed before
the Registry during vacation. If such application is filed,
the application to be posted before the roster Judge, in
light of the urgency pleaded.
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6. All contentions are kept open. It is further
clarified that, if application is filed, same to be posted at
the latest on the next vacation sitting day. Accordingly,
the writ appeal is disposed of.
Sd/-
(S SUNIL DUTT YADAV)
JUDGE
Sd/-
(T.M.NADAF)
JUDGE
MCR
List No.: 1 Sl No.: 5
